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5 Key Insights on Florida Prenuptial Agreements

Posted by Adalbert Martinez | Apr 30, 2025 | 0 Comments

Thinking about a prenuptial agreement in Florida? Here's what you need to know:

  1. Florida's Legal Framework: Florida adheres to the Uniform Premarital Agreement Act (UPAA), ensuring consistency across states. A prenup must be in writing, signed, and ideally witnessed, especially if it involves estate planning or real property.

  2. Equitable Distribution Without a Prenup: Without a prenup, Florida courts apply equitable distribution during divorce, which isn't necessarily a 50-50 split but is based on fairness, considering various factors like the marriage's duration and each spouse's contributions.

  3. Timing is Crucial: It's advisable to finalize a prenup about a month before the wedding to avoid disputes over voluntariness and fairness. This allows both parties time to consider the agreement thoroughly.

  4. Reasonableness Over Equality: A prenup doesn't have to split assets equally but should be fair. It should not disproportionately disadvantage one party.

  5. Legal Representation Optional: While a lawyer isn't required to draft a prenup in Florida, having one can prevent disputes about voluntariness and provide personalized legal advice. Online platforms like HelloPrenup offer state-compliant solutions.

Drafting a prenup involves ensuring both parties are informed and agreeing voluntarily, with full financial disclosure. Our experienced prenup attorneys at The CYA Law Firm are ready to assist you in navigating this process. For more detailed information, check out our prenup attorney Adalbert Martinez's full article on HelloPrenup

About the Author

Adalbert Martinez

Welcome to The CYA Law Firm! Florida law firm with a singular focus—to protect and champion the interests of our clients. Assets On The Line? We Got You Covered! Adalbert Martinez MANAGING ATTORNEY During Law School, Al interned at WMU Cooley La...

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